ARRANGEMENT OF SECTIONS
1. Short title
Tourism Industry Licensing Committee
3. Establishment of Tourism Industry Licensing Committee
4. Membership of Committee
5. Director of Tourism as Chairperson of Committee
6. Powers and functions of Committee
7. Tenure of office
8. Disqualification, removal, suspension, and resignation
9. Vacation of office
10. Meetings of Committee
11. Co-option of advisory personnel to Committee
12. Disclosure of interest
14. Remuneration of Committee members
Licensing and classification of tourist enterprises
15. Licensing of tourist enterprises
16. Categories of tourist enterprises
17. Application for licence
18. Duration of licence
19. Amendment, transfer or duplication of licence
20. Persons in charge of tourist enterprise
21. Suspension of licence
22. Revocation of licence
23. Reservation of certain licences for citizens
24. Proof of shareholding
25. Safety and sanitation
26. Power to enter premises or land
27. Appeals to the Minister
29. Other offences
31. Amendment of Schedule
Act 22, 1992,
S.I. 12, 2007,
S.I. 29, 2009,
Act 16, 2009,
S.I. 43, 2010,
S.I. 78, 2013,
S.I. 104, 2013
S.I. 113, 2015.
An Act for licensing and regulating the tourist industry with a view to promoting its development and well-being.
[Date of Commencement: 30th April, 2010]
Preliminary (ss 1-2)
This Act may be cited as the Tourism Act.
In this Act, unless the context otherwise requires-
"Committee" means the Tourism Industry Licensing Committee established under section 3;
"Director" means any person holding the public office of Director of Tourism;
"licence" means a licence for a tourist enterprise issued under section 17;
"police officer "includes an officer of the Botswana Police Service;
"tourist enterprise" means an enterprise or activity specified in the Schedule, undertaken by a person, or a firm, for the purpose of, or to promote or facilitate, tourism in Botswana in return for financial reward.
Tourism Industry Licensing Committee (ss 3-14)
There is hereby established a body to be known as the Tourism Industry Licensing Committee.
The Committee shall consist of the Director and five other members appointed by the Minister from persons in the public and private sector, who in his or her opinion are suitable and qualified to assist in the performance of the functions of the Committee and the execution of its duties.
The Director shall be the chairperson of the Committee and he or she may nominate any other member of the Committee to act as chairperson on any occasion when he or she is unable to attend meetings of the Committee.
(1) The Committee shall have power-
(a) to determine whether or not a licence should be issued for any particular tourist enterprise;
(b) to decide whether or not to cancel or suspend a licence for good cause;
(c) to determine whether or not a licence should be amended or transferred.
(2) For the purpose of licensing and monitoring tourist enterprises, the Director shall carry out, or cause to be carried out, such inspections of documents or building plans, or of buildings and sites, with or without the assistance of other officials, such as planners or health inspectors, as he or she may consider necessary, and shall make a report thereon to the Committee together with his or her recommendations.
Members of the Committee shall be appointed for periods of three years, but shall be eligible for re-appointment.
(1) No person shall be appointed as a member of the Committee or be qualified to continue to hold office who-
(a) has, in terms of a law in force in any country-
(i) been adjudged or otherwise declared bankrupt and has not been discharged; or
(ii) made an assignment to, arrangement or composition with his or her creditors, which has not been rescinded or set aside;
(b) has within the period of 10 years immediately preceding the date of his or her appointment, been convicted-
(i) of a criminal offence within Botswana; or
(ii) outside Botswana, of an offence which if committed in Botswana, would have been a criminal offence,
and sentenced by a court of competent jurisdiction to imprisonment for six months or more without the option of a fine, whether that sentence has been suspended or not, and for which he or she has not received a free pardon.
(2) The Minister shall, in writing, suspend from office a member against whom criminal proceedings are instituted for an offence in respect of which a sentence of imprisonment may be imposed, and whilst that member is so suspended, he or she shall not carry out any duties or be entitled to any remuneration or allowances as a member of the Committee.
(3) The Minister shall remove a member if the member-
(a) is absent without reasonable cause from three consecutive meetings of the Committee of which he or she has had notice;
(b) has been found to be physically or mentally incapable of performing his or her duties efficiently, and a medical doctor has issued a certificate to that effect;
(c) contravenes the provisions of this Act or otherwise misconducts himself or herself to the detriment of the objectives of the Committee;
(d) has failed to comply with the provisions of section 13;
(e) has been convicted of an offence under this Act, or under any other Act for which he or she is sentenced to imprisonment for a
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